logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.19 2014가단5354489
건물명도
Text

1. The Plaintiff:

A. Defendant B shall receive KRW 5,000,000 from the Plaintiff or K at the same time.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established on August 12, 2010 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) to implement a housing reconstruction project with the whole P unit in Dongjak-gu Seoul Metropolitan Government as an improvement

B. After receiving project implementation authorization from the head of Gangnam-gu Seoul Metropolitan Government on December 7, 201, the Plaintiff received the authorization for the implementation of the project on May 30, 201, respectively, and publicly notified the management and disposal plan on June 12, 2014.

C. On September 1, 2014, the Plaintiff: (a) held an ordinary general meeting on September 1, 201; (b) passed a resolution on the approval of the amendment to the management and disposal plan; and (c) obtained the approval of the amendment to the management and disposal plan from the head of Gangnam-gu Seoul Metropolitan Government on October 17, 2014; and (d) on October

The defendants occupy the real estate located in the above improvement zone, and the possessor of the real estate and the possessor of the real estate are as stated in the attached Form.

[Ground of recognition] Facts that there is no dispute between the plaintiff and the defendant H and J, and between the plaintiff and other defendants, Gap evidence Nos. 1, 2, 3, 3, 4, 5-1 through 6, and the purport of the whole pleadings

2. In light of the determination of the cause of the claim, Article 49(6) of the Urban Improvement Act provides that "when there has been a public announcement under paragraph (3) (referring to the public announcement of authorization for the management and disposition plan), the owner, superficies, leaseer, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54." Thus, under the above basic facts and the above legal provisions, if the public announcement of authorization for the management and disposition plan is made, the previous owner, etc. of the object shall not be required to order the suspension of use or profit from the previous owner, etc. of the object, and the project implementer shall be allowed to use or benefit from it. Thus, Supreme Court Decision 91Da22094 delivered on December 2

arrow